Punjab-Haryana High Court
Momeen Khan @ Momin And Anr vs State Of Haryana And Another on 1 April, 2024
Neutral Citation No:=2024:PHHC:043323
2024:PHHC:043323
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
294 CRM-M-5940-2024
Date of Decision:01.04.2024
MOMEEN KHAN @ MOMIN AND ANR. .....Petitioners
Vs.
STATE OF HARYANA AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Amit Gupta, Advocate
for the petitioner.
Mr. Sumit Jain, Additional AG, Haryana.
None for respondent No.2.
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DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.222 dated 31.10.2023, under Sections 120-B, 365 and 506 IPC, registered at Police Station Pratap Nagar, District Yamunanagar, Haryana and all subsequent proceedings arising therefrom on the basis of compromise dated 04.12.2023 (Annexure P-2).
This Court vide order dated 05.02.2024 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.
Pursuant to the aforesaid order, parties have appeared before Judicial Magistrate Ist Class, Sub Division Bilaspur and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 06.03.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or 1 of 2 ::: Downloaded on - 03-04-2024 23:45:33 ::: Neutral Citation No:=2024:PHHC:043323 CRM-M-5940-2024 -2- 2024:PHHC:043323 undue influence.
Learned State counsel has not disputed the factum of compromise between the parties.
In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R.
Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and F.I.R. No.222 dated 31.10.2023, under Sections 120-B, 365 and 506 IPC, registered at Police Station Pratap Nagar, District Yamuna nagar, Haryana and all subsequent proceedings arising therefrom on the basis of compromise dated 04.12.2023 (Annexure P-2) are quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
01.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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